Chapter I. Legislative texts concerning the legal status of the United Nations and related inter-governmental &organizations

LEGISLATIVE TEXTS CONCERNING THE LEGAL STATUS OF THE UNITED NATIONS AND RELATED INTER-GOVERNMENTAL ORGANIZATIONS

1. Canada

   (a) FAO TECHNICAL CONFERENCE ON FISH INSPECTION AND QUALITY CONTROL PRIVILEGES AND IMMUNITIES ORDER, 19691

   His Excellency the Governor General in Council, on the recommendation of the

   Secretary of State for External Affairs with the concurrence of the Minister of Finance and the Minister of Fisheries, pursuant to section 3 of the Privileges and Immunities (International Organizations) Act, - is pleased hereby to make the annexed Order respecting the Privileges and Immunities in Canada of the Technical Conference on Fish Inspection, and Quality Control of the Food and Agriculture Organization of the United Nations.

   ORDER RESPECTING THE PRIVILEGES AND IMMUNITIES IN CANADA OF THE TECHNICAL CONFERENCE ON FISH INSPECTION AND QUALITY CONTROL OF THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

1. This Order may be cited as the FAO Technical Conference on Fish Inspection and Quality Control Privileges and Immunities Order, 1969.

2. In this Order

   (a) "Conference" means the Technical Conference on Fish Inspection and Quality Control of the United Nations Food and Agriculture Organization; and

   (6) "Convention" means the Convention on the Privileges and Immunities of the United Nations.3

3. During the period July 1 to July 31, 1969,

   [a) The Conference shall have in Canada the legal capacities of a body corporate and shall, to such extent as it may require, have the privileges and immunities set forth in Articles II and III of the Convention for the United Nations;

   (b) Representatives of States and Governments that are members of the Conference shall, to such extent as may be required for the performance of their functions, have the privileges and immunities set forth in Article IV of the Convention for representatives of members;

   1 P.C. 1968-1125. Dated 12 June 1968.

   2 See Juridical Yearbook, 1965, p. 3.

   3 United Nations, Treaty Series, vol. 1, p. 15.

   (c) All officials of the Conference in Canada shall, to such extent as may be required for the performance of their functions, have the privileges and immunities set forth in Article V of the Convention for officials of the United Nations; and

   id) All experts performing missions for the Conference in Canada shall, to such extent as may be required for the performance of their functions, have the privileges and immunities set forth in Article VI of the Convention for experts on missions for the United Nations.

4. Nothing in this Order exempts a Canadian citizen residing or ordinarily resident in Canada from liability for any taxes or duties imposed by any law in Canada.

   (b) FAO TECHNICAL CONFERENCE ON FISH INSPECTION AND QUALITY CONTROL PRIVILEGES AND IMMUNITIES ORDER, 1969, AMENDED4

   His Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs with the concurrence of the Minister of Fisheries, pursuant to section 3 of the Privileges and Immunities (International Organizations) Act,5

   is pleased hereby to amend the FAO Technical Conference on Fish Inspection and Quality

   Control Privileges and Immunities Order 1969 made by Order in Council P.C. 1968-1125 of 12th June, 1968, ° in accordance with the Schedule hereto.

   Schedule

1. All that portion of section 3 of the FAO Technical Conference on Fish Inspection and Quality Control Privileges and Immunities Order, 1969 preceding paragraph (a) thereof is revoked and the following substituted therefore:

   "3. During the period July 1 to August 31, 1969,"

2. New Zealand

   (a) A N ACT 7 TO CONSOLIDATE AND AMEND THE LAW RELATING TO DIPLOMATIC PRIVILEGES AND IMMUNITIES AND TO GIVE EFFECT TO THE VIENNA CONVENTION ON DIPLOMATIC RELATIONS

   [25 November 1968]

   BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. Short Title and commencement—(1) This Act may be cited as the Diplomatic Privileges and Immunities Act 1968.

   (2) This Act shall come into force on the first day of January, nineteen hundred and sixty-nine.

2. Meaning of "Minister'"—In this Act, unless the context otherwise requires, the term "Minister" means the Minister of External Affairs.

   4 P.C. 1968-2107. Dated 19 November 1968.

   5 See Juridical Yearbook, 1965, p. 3.

   6 Reproduced under (a) above.

   7 No. 36 of 1968.

   PART I

   DIPLOMATIC PRIVILEGES AND IMMUNITIES

3. Interpretation—In this Part of this Act, unless the context otherwise requires,— "The Convention" means the Vienna Conveption on Diplomatic Relations signed in 1961, a copy of the English text of which is set out in the First Schedule to this Act:

   "Mission" means a diplomatic mission of any State:

   Expressions defined in Article 1 of the Convention have the meanings so defined. 4. Application of this Part—The provisions of this Part of this Act shall, with respect to the matters dealt with therein, have effect in substitution for any previous enactment or rule of law in force in New Zealand immediately before the commencement of this Act.

5. Diplomatic privileges and immunities—(1) Subject to subsection (6) of this section, the provisions of Articles 1, 22 to 24, and 27 to 40 of the Convention shall have the force of law in New Zealand.

   (2) Without prejudice to the provisions of subsection (1) of this section, the Minister, with the concurrence of the Minister of Finance, may from time to time determine, either generally or in any case or class of case, the fiscal privileges which shall be accorded to any mission or persons connected with any mission, notwithstanding that the determination may extend treatment more favourable than that required by the provisions of the Convention, and may in like manner determine the terms and conditions on which those privileges may be enjoyed.

   (3) For the purpose of giving effect to any custom or agreement by which New Zealand and any other State extend to each other treatment more favourable than is required by the provisions of the Convention, the Governor-General may from time to time, by Order in Council, declare that a mission of that State and persons connected with that mission shall be accorded such immunity from jurisdiction, and inviolability, as are specified in the order:

   Provided that nothing in this subsection shall apply with respect to persons to whom section 6 of this Act applies.

   (4) In subsections (2) and (3) of this section, the expression "treatment more favourable" includes the according of privileges or immunities, as the case may be, to persons who under the Convention may enjoy privileges and immunities only to the extent admitted by the receiving State.

   (5) Where by or by virtue of this Act immunity from jurisdiction is accorded to persons who are not diplomatic agents or persons enjoying immunity under Article 37 of the Convention, the immunity accorded to those first-mentioned persons may be waived in the manner and subject to the conditions specified in Article 32 of the Convention, and the waiver shall have the same consequences as a waiver under that Article.

   (6) For the purposes of the provisions of the Articles referred to in subsection (1) of this section,—

   (a) A reference in those provisions to the receiving State shall be construed as a reference to New Zealand:

   (b) A reference in those provisions to a national of the receiving State shall be construed as a reference to a New Zealand citizen:

   (c) The reference in paragraph 1 of Article 22 to agents of the receiving State shall be construed as including a reference to any constable and any person exercising a power of entry to premises:

   (d) The reference in Article 32 to waiver by the sending State shall be construed as...